Derr v. Lehigh Valley R. R.

Citations

• 158 Pa. 365
• 27 A. 1002
• 1893 Pa. LEXIS 1593

Syllabus

<p>Negligence — Jurisdiction—Injury in one stale, death in another — Risk of employment.</p> <p>Where a person is injured in New Jersey, and subsequently dies of his injuries in Pennsylvania, no action can be brought in Pennsylvania, by the widow of the deceased, suing for herself and her children, unless there was a negligent act or omission in Pennsylvania which was directly responsible for the injury received in New Jersey.</p> <p>Plaintiff’s husband, a locomotive engineer, was injured in New Jersey by the derailment of his engine r'unning into a snow drift in a deep cut. He was removed to Pennsylvania where he died, and suit was brought in Pennsylvania by his widow for the benefit of herself and children. The evidence showed that deceased had charge of one of four engines coupled together, which had been sent out from Easton, Pennsylvania, to New Jersey, to remove snow drifts from cuts. The manner in which the train was made up, equipped and manned at Easton showed the purpose for which it was intended. Hands employed on the train were informed that the train was intended to open the road, although there was no direct proof that deceased received this information. Deceased had been employed on the division where the accident occurred for four years. Held, that the evidence failed to disclose negligence on the part of the railroad company, and that the risks involved in the work of opening the road were intelligently assumed by deceased.</p>